Life imprisonment is the punishment most often imposed worldwide for what societies regard as the most serious offences. Yet, in Asia the phenomenon has never been studied systematically. Life Imprisonment in Asia fills this major gap. It brings together thirteen new essays on life imprisonment in key jurisdictions in the region. Each chapter consolidates what is known about the law and practice of life imprisonment in the jurisdiction and then explores aspects of the imposition or implementation of life sentences that the authors regard as particularly problematic. In some instances, the main issue is the imposition of life sentences by the courts and their relationship to the death penalty. In others, the focus is on the treatment of life sentenced prisoners. In many instances, the most prominent question is whether life sentenced prisoners should be released and, if so, according to what processes. In the overview chapter, the editors place the complex picture that emerges of life imprisonment in Asia in a global context and point to reforms urgently required to ensure that Asian life sentences meet international human rights standards.
Life Imprisonment in Asia should be read by everyone who has an interest in just punishments for serious offences, not only in Asia, but throughout the world. It will be an invaluable tool for lawyers, criminologists, policy makers and penal reform advocates in the region and beyond.
Author(s): Dirk van Zyl Smit, Catherine Appleton, Giao Vucong
Series: Palgrave Advances in Criminology and Criminal Justice in Asia
Publisher: Palgrave Macmillan
Year: 2022
Language: English
Pages: 365
City: Singapore
Acknowledgments
Contents
List of Contributors
List of Figures
List of Tables
1 Asian Life Imprisonment in Worldwide Perspective
1.1 Introduction
1.1.1 Questioning Life Imprisonment in Asia
1.1.2 The Pioneering Conference
1.2 Life and Death
1.3 The Compexity of Life Imprisonment
1.3.1 Definition
1.3.2 Historical Roots
1.3.3 Statistics
1.3.4 Imposition and release
1.3.5 Life in Prison
1.4 Normative Standards
1.5 Conclusion
References
2 Life Imprisonment in Australia: Restoring a Hope of Release and the Phuong Ngo Case
2.1 Introduction
2.2 The Sentence of Life Imprisonment in Australian Jurisdictions
2.3 NSW Murder Case Study
2.3.1 Background
2.3.2 The murder of John Newman and subsequent court proceedings
2.3.3 Compliance with ICCPR
2.3.4 ECtHR Jurisprudence
2.3.5 The Royal prerogative of mercy and compliance with international obligations
2.3.6 Remedies
2.4 Conclusion
References
3 Life Imprisonment in Bangladesh: Ensuring a Constructive Prison Experience for Life-Sentenced Prisoners
3.1 Introduction
3.2 Life Sentences in Bangladesh: The Legislative Landscape
3.3 Facilities for Life-Sentenced Prisoners: The Law and the Grim Reality
3.3.1 Governing Laws and Policies
3.3.1.1 Constitutional Protection of Life-Sentenced Prisoners in Bangladesh
3.3.1.2 Legislative Protection of Life-Sentenced Prisoners in Bangladesh
3.3.1.3 Obligations of Bangladesh Under International Commitments
3.3.2 Reality of Life-Sentenced Prisoners in Bangladesh
3.4 Ensuring a Constructive Prison Experience for Life-Sentenced Prisoners
3.5 Concluding Observations
References
4 Life Imprisonment in China
4.1 Introduction
4.2 Legal Framework and Features of Life Imprisonment in China
4.2.1 Provisions for Life Imprisonment in the Criminal Law of the PRC
4.2.2 Key Features of Life Imprisonment in China
4.3 Release from Life Imprisonment in China
4.3.1 Commutation
4.3.2 Conditional Release (Parole)
4.3.2.1 Conditions of Conditional Release (Parole)
4.3.2.2 Parole Period and Revocation
4.3.3 Procedures for Commutation and Parole
4.3.3.1 Who Has the Authority to Grant Commutation and Parole?
4.3.3.2 Commutation Hearing and Parole Hearing
4.4 Gaps Between Chinese and International Norms
4.5 Ways to Improve Life Imprisonment and Its Release Procedures in China
4.5.1 Restrict the Range of Crimes or Circumstances Where Life Imprisonment Is Applicable
4.5.2 Improve the Application Rate of Parole
4.5.3 Reform Release Procedures
4.5.4 Improve the Community Correction System
References
5 Life Imprisonment in Hong Kong
5.1 Introduction
5.2 Life Imprisonment in Hong Kong—The Legal Framework
5.2.1 Crimes and Exemptions
5.2.2 Formal and Informal Life Sentences
5.2.3 Judicial Decision-Making
5.2.4 Options for Release
5.3 Life Imprisonment in Hong Kong—The Practice in Context
5.3.1 Statistics
5.3.2 Hong Kong in an International Context
5.4 Life Imprisonment and Hong Kong’s Changing Legal-Political Scene
5.4.1 The 2014–2020 Protests
5.4.2 The National Security Law and Article 23 Legislation
5.5 Conclusion
References
6 Life Imprisonment in India: Will the Prison Doors Ever Open for Life-Sentenced Prisoners?
6.1 Introduction
6.2 Life Imprisonment: The Legal Status
6.2.1 Legal Framework
6.2.2 Remission and Release
6.2.3 Journey of Transition: ‘Transportation’ to ‘Life Imprisonment’
6.3 Imprisonment for Life: The Challenges
6.3.1 The ‘Nature’ of Imprisonment for Life
6.3.2 Multiple Life Sentences
6.3.3 Duration of ‘Life Imprisonment’
6.3.4 Life Imprisonment Without Remission
6.4 Increasing Use of Whole Life Sentences: A Violation of Rights?
6.4.1 Analysis of Trends Since 2015
6.4.2 ‘Whole Life Sentences’ in the Human Rights Context
6.5 Conclusion
References
7 Life Imprisonment in Indonesia: Is Its Use Appropriate in the National Criminal Justice System?
7.1 Theoretical Background and Introductory Overview
7.2 Offences Punished by Life Imprisonment
7.3 Imposing Life Imprisonment
7.4 Release from Life Imprisonment
7.5 Conclusion
References
8 Life Imprisonment in Japan: The Existing Legal System and Alternative Sanctions for the Death Penalty
8.1 Introduction
8.2 Existing Sanction of Life Imprisonment
8.2.1 Slim Chance to Be Released: De Facto LWOP
8.2.1.1 Enhancing Transparency: Study Group on Parole for Life-Sentenced Prisoners
8.2.1.2 Developments in the Past 20 Years
8.2.2 Existing Legal System for Parole: Law and Practice
8.2.2.1 Parole Standards
8.2.2.2 Review Bodies
8.2.2.3 What Is Limiting the Chance of Release?
8.3 Human Rights Standards and Japan’s Life Imprisonment
8.3.1 International and Regional Human Rights Standards
8.3.2 Challenges Faced by Japan’s Life Imprisonment
8.3.2.1 Harsh Prison Regime: Rampant Use of Solitary Confinement
8.3.2.2 Parole Standards Preventing Retrial Attempts
8.3.2.3 Lack of Effective Parole Review
8.3.2.4 Towards Human Rights-Based Parole Reviews
8.4 Alternative Sanctions for the Death Penalty
8.4.1 Movements Pushing for the Introduction of LWOP
8.4.2 JFBA’s Opinion on Alternative Sanctions to the Death Penalty
8.5 Recommendations and Conclusion
References
9 Life Imprisonment in Malaysia: Prospects for Law Reform?
9.1 Introduction
9.1.1 (Life) Imprisonment for 30 Years
9.1.2 Imprisonment for Natural Life
9.1.2.1 Is Imprisonment for Natural Life Unconstitutional?
9.2 Current Situation of Life-Sentenced Prisoners
9.2.1 First Category: Persons Serving the Previous (Life) Imprisonment of 20 Years
9.2.2 Second Category: Persons Serving Life Imprisonment of 30 Years
9.2.3 Third Category: Persons Serving Sentences of Imprisonment for Natural Life
9.3 The Death Penalty in Malaysia
9.3.1 Move Towards the Abolition of the Mandatory Death Penalty
9.4 International Treaties and Life Imprisonment in Malaysia
9.4.1 International Covenant on Civil and Political Rights (ICCPR)
9.4.2 Convention on the Rights of the Child (CRC)
9.4.3 Human Rights Issues: Non-justiciability of the Power and Process to Grant Pardons
9.5 The Way Forward?
References
10 Life Imprisonment in New Zealand
10.1 The Christchurch Terror Attack
10.2 Penal Populism and Legal Reform in New Zealand
10.3 Preventive Detention
10.4 Indefinite Sentencing in New Zealand: The Numbers
10.4.1 Māori and Indefinite Sentencing
10.5 Attempts to Reform Mandatory Life Sentencing
10.6 Conclusion
References
11 Life Imprisonment in Singapore: Legal and Sociological Perspectives
11.1 Legal Aspects
11.1.1 Statutory Position in Singapore
11.1.2 Judicial Guidance on Imposing Life Imprisonment in Singapore
11.1.2.1 Deciding Between Imposing Life Imprisonment or the Death Penalty
11.1.2.2 When Life Imprisonment Instead of a Shorter Term of Imprisonment Will Be Imposed
11.1.2.3 When Life Imprisonment May Be Imposed on Young Offenders
11.1.3 Presidential Clemency
11.2 Sociological Aspects
11.2.1 Prison Conditions
11.2.2 Review and Remission
11.2.3 Rehabilitation Post-release
11.3 Conclusion
References
12 Life Imprisonment in South Korea: Life Imprisonment Law and Practice in the Shadow of the Death Penalty
12.1 Introduction
12.2 Basic Statistics
12.3 Lessons to Be Learned from Europe
12.3.1 Definition of Life Sentences
12.3.2 What the 2016 CPT Report Tells Us
12.3.3 Shadowy Reality of the Treatment of Life-Sentenced and Other Prisoners in South Korea
12.4 The Death Penalty in South Korea: Alive but Dormant
12.5 Judicial Decisions and Responses of Authorities
12.6 Public Opinion
12.7 Alternatives to the Death Penalty
12.7.1 American Style
12.7.2 European Style
12.7.3 Korean Viewpoint
12.8 South Korea Penal Policy Going Forward
References
13 Life Imprisonment in Taiwan
13.1 Introduction
13.2 The Meaning of Life Imprisonment in Taiwanese Law
13.2.1 General Penalties in Taiwan
13.2.2 Life Imprisonment in Taiwan
13.2.3 The Parole System for Life-Sentenced Prisoners in Taiwan
13.2.3.1 Introducing the Parole System
13.2.3.2 Revocation of Parole
13.2.4 Clemency for Life Imprisonment
13.3 Critical Reflections on the Practice of Life Imprisonment in Taiwan
13.3.1 The Status of Life or Long-Term Imprisonment
13.3.2 Life-Sentenced Prisoners Who Die in Prison
13.3.3 The Incident at DaLiao Prison in 2015
13.3.3.1 The Incident
13.3.3.2 The Aftermath
13.3.4 Further Criticism of Life or Long-Term Imprisonment in Taiwan
13.4 LWOP as an Alternative to the Death Penalty
13.4.1 A New System of LWOP?
13.5 Life Imprisonment More Broadly
13.5.1 Death Row Prisoners
13.5.2 Rehabilitative Treatment for Sex Offenders and the Criminally Insane
13.5.2.1 Article 91-1
13.5.2.2 Revision of Article 87
13.6 Conclusion
References
14 Life Imprisonment in Viet Nam: Reflections on Reforms from a Human Rights Perspective
14.1 Introduction
14.2 The History of Life Imprisonment in Viet Nam
14.3 International Human Rights and the Current Criminal Law on Life Imprisonment
14.4 The Rights of Accused Persons Facing Life Imprisonment
14.4.1 The Right to Have Adequate Time and Facilities for the Preparation of a Defence
14.4.2 The Right to a Free Defence and Guaranteed Quality Defence Services
14.5 Rights of Persons Serving Life Sentences
14.5.1 The Right to Contact Family and Relatives
14.5.2 The Right to Religious Practice
14.6 Conclusion and Recommendations
References
Index
